Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Quashing of proceedings - Petitioners are admittedly partners in a partnership Firm - Claim of petitioners are that loan is time barred - Whether loan was already time barred or whether loan was subsequently acknowledged can be decided only after trial and whether the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323, 504, 506, 452, Protection of Children from Sexual Offences Act, 2012, Section 5(m)(6) -- Quashing of summoning order - Rape - Trial Court clearly expressed his opinion that he perused all the record and clearly indicated that material placed before him is sufficient to proceed in the..........
Indian Penal Code, 1860, Section 498A, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4, Muslim Women (Protection of Rights on Marriage) Act, 2019, Section 3, 4 -- Cruelty - Pronouncement of Triple Talaq over Telephone - Practice of Triple Talaq has been regarded as oppressive and legislature has decided to suppress it by making it an offence punishable by law - Statue..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegations mentioned in present FIR are same as stated in first FIR which ended in acquittal - Present FIR was lodged after four months of acquittal from first FIR without making out any new case or new cause of action - Such implication by way of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Proceedings should not be quashed when parties are at variance over a question of fact as it would result in injustice to complainant - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - New plea raising a pure question of law can be raised at any stage and a plea relating to jurisdiction of Court can also be raised at any stage - Therefore same can be raised at the stage of entertaining application u/s 482 Cr.P.C...........
Indian Penal Code, 1860, Section 376 -- Rape - Compromise - Victim has recorded a compromise within sixteen days of lodging of an FIR and she states that her allegations were in a fit of anger - Such change of versions ought not to be encouraged by Court - Quashing of FIR for allegations of rape on the basis of compromise rejected...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Cheque was issued by A-1 and A-2 - No specific allegation that same was issued with knowledge of petitioners - No case is thus, made out against petitioners on the basis of general, vague and omnibus allegation that cheque was issued fraudulently and dishonestly in order to..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Dispute regarding ownership of land - Delay of 60 years in initiating the dispute which is not explained - Criminal case is lodged only after failure to obtain relief in civil suits coupled with denial of relief in interim therein - Resort to criminal case is only with ulterior motive for oblique reasons and..........
Prevention of Corruption Act, 1988, Section 17A -- Prior approval - Source report of public with general allegations of illegal, improper exercise of powers in violation of prescribed procedure by taking bribes by accused was enquired into - Investigation carried out by respondent was not in relation to any specific decision or recommendation made by accused of the nature..........
